PAYAL GUPTA Vs. KUNAL GUPTA

JUDGEMENT

(1.) THIS petition filed under Section 227 of the Constitution prays for dispensing with the statutory period of six months required for issuance of a divorce decree by mutual consent under Section 13B of the Hindu Marriage Act, 1955 (for brevity, 'the Act'). The petition filed before the learned District Judge has been entertained and the same has been adjourned to 29.7.2006, which is a period after the expiry of the statutory limit of six months.

(2.) NOTICE of the petition has been issued. Mr. G.G.S. Chauhan has put in appearance along with the husband-respondent. Both the learned counsel have drawn my attention to joint petition filed by the parties (Annexure P-1) and their respective statements, Annexures P-2 and P-3, recorded on 16.12.2005. According to both the learned counsel, the wife-petitioner as well as the husband-respondent have been living separately from each other since 10-12- 2004 because after solemnization of marriage on 5.12.2004 they resided together only for a few days. The following statement made by the wife- petitioner would be relevant in this regard, (which is identical to that of husband-respondent) which is in consonance with the pleadings in para 4 of the petition filed under Section 13-B of the Act :

(3.) IN view of above, instant petition is allowed. The divorce petition No. 205 of 2005, filed by the parties and pending before the learned District Judge, Amritsar, shall be deemed to have been disposed of. The Registry is directed to draw a decree of divorce as per the observation made in the preceding para.